CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES
History
Chapter 2F inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
PART 2F.1 - OPPRESSIVE CONDUCT OF AFFAIRS
History
Part 2F.1 substituted by No 156 of 1999, Sch 1 (effective 13 March 2000).
SECTION 232
GROUNDS FOR COURT ORDER
232
The Court may make an order under section
233 if:
(a)
the conduct of a company's affairs; or
(b)
an actual or proposed act or omission by or on behalf of a company; or
(c)
a resolution, or a proposed resolution, of members or a class of members of a company;
is either:
(d)
contrary to the interests of the members as a whole; or
(e)
oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.
For the purposes of this Part, a person to whom a share in the company has been transmitted by will or by operation of law is taken to be a member of the company.
Note:
For
affairs
, see section
53.
History
S 232 substituted by No 156 of 1999, Sch 1 (effective 13 March 2000).